THEATTOIRNEY GENERAL 

OF %-EXAS 

I I 

Honorable Robert S. Calvert Opinion No. C-339 

Comptroller of Public Accounts 

Austin, Texas Re: Per diem of a district 

judge on an assignment 

to one county under 

three administrative 

Dear Mr. Calvert: judicial orders. 

Your request for an opinion reads in part as follows: 

"This department requests an opinion 

from you as the question has arisen in this 

department as to whether I can legally pay 

a District Judge $75.00 per day for holding 

court under three (3) administrative judicial orders under which the Jud e holds 

court on the same day in three $ 3) District 

Courts in the same county under the provisions of Article 200a, R.C.S., Section 2a, 

subsection 4?" 

The orders of assignment and claims furnished with your 

request reveal the following: On September 25th, 1964, the 

presiding judge of an administrative judicial district assigned 

a district judge to try and dispose of "such cases as may arise 

County" during the week beginning September 28th through 

iEtober'3rd 1964 * This assignment was made by three separate 

orders, one'stating that a judge of a judicial district of which 

the county to which the claimant was assigned was a part "is to 

be absent necessarily during the week beginning September 28th 

through October 3rd, 1964"; another stating that a judge of a 

judicial district located in the same county is to be absent during the same period; and a third stating that a judge of a judicial district located in the same county is to be absent during 

the same period. Each of the orders designated and assigned the 

claimant judge "to try and dispose of such cases as may arise in 

0 . . County' during such time. 

The county to which the claimant'judge was assigned is 

located outside of his judicial district and county, and he has 

presented claims in the following amounts: One for $150.00 for 

six days at $25.00 per day on the following days - September 28th 

through October 3rd, 1964; another claim for five days at $25.00 

per day on the following days - September 29th through October 

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_ 

Hon. Robert S. Calvert, page 2 (C-339) 

3ra, 1964; and another claim for four days on the following days - 

September 30th through October 3rd, 1964. Each claim is for 

holding court in the same county and each claim is approved for 

payment by the presiding judge of an administrative judicial district. 

Subdivision (4) of Section 2a of Article 200a, Vernon's 

Civil Statutes, provides: 

"In addition to, and cumulative of, all 

other compensation and expenses authorized by 

law and this Act, judges who are required to 

hold court outside their own districts and out 

of their own counties under the provisions of 

this Act, shall receive a per diem of Twentyfive ($25.00) Dollars for each day, or fraction 

thereof, which they spend. outside their said 

districts and counties in the performance of 

their duties; such additional compensation to 

be paid in the same manner as their salaries 

are paid by the State upon certificates of approval by the Chief Justice or by the Presiding Judge of the Administrative Judicial District in which they reside." (mphasis added). 

It is noted that the comnensation authorized is 'a oer 

diem of-Twenty-five ($25.00) Doilars for each day, or fraciion 

thereof, which they spend outside their said districts and 

counties." Under the facts submitted, the claimant spent six 

days outside of his district and county in the performance of 

hi; duty. Therefore, the maximum which the Legislature has allowed Par compensation for the performance of his duties pursuant 

to the three assignments outlined above, is $150.00 ($25.00 per 

day for the period beginning September 28th through October 3rd, 

1964). You are therefore advised that the maximum that may be 

paid the claimant on the three claims submitted to the Comptroller 

is $150.00. 

SUMMARY 

The maximum which the Legislature 

has allowed for compensation for 

the performance of his duties pursuant to assignments under Article 

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Hon. Robert S. Calvert, page 3 (C -339) 

ZOOa, V.C.S., is Twenty-five Dollars for each day he spends outside his district and county. 

Yours very truly, 

WAGGONER CARR 

Attorney General 

Assistant 

JR:ms 

APPROVED: 

,OPINION COMMITTEE 

W. V. Geppert, Chairman 

John Allison 

J. S. Bracewell 

Roy Johnson 

Ralph Rash 

APPROVED F'OR THE ATTORNEY GENERAL 

By: Roger Tyler 

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